General Terms And Conditions Of Sale for cruises of the society des Vedettes de Paris (here in after "VDP")

1. Defitinions

Whenever used in these General Terms and Conditions of Sale (hereinafter, the “GTCS”) or in connection with their performance, the following terms shall have the meanings defined below:

“VDP” refers to the simplified joint stock company VEDETTES DE PARIS, registered in the Paris Trade and Companies Register under no. 490 628955, whose head office is located at Port de Suffren – 75007 Paris; info@vedettesdeparis.com

“Customer” refers to the consumer or non-professional ordering the Services under these GTCS;

“Service(s)” refers to the various cruises open to the public and the services associated with them, organized by VDP and ordered by the Customer from VDP under these GTCS.

2. Purpose and scope of application

Any reservation or purchase of a Service rightfully implies the Customer’s unreserved acceptance of these GTCS. VDP makes these GTCS available on its website so that the Customer can read them before making any reservation. These GTCS are subject to change. The version applicable on the date of the Service is that in force on the date of the order.

Reservations, the purchase of a ticket and the provision of Services are subject to these GTCS, which express the entirety of the rights and obligations of the parties and prevail over any document, brochure or advertisement issued by VDP or the Customer, which are not enforceable against VDP.

The scope of application of these GTCS is limited to cruises open to the public.

If you wish to make a reservation for a private event, please refer to the Events GTCS specific to private events.

If any of the clauses of the Contract are declared illegal, invalid or inapplicable, the remainder of the Contract will continue to apply.

The fact that VDP or the Customer do not exercise any of the rights conferred on them by the Contract may not be interpreted as a renunciation by VDP or the Customer to exercise this right in the future.

3. Ticket reservation or purchase

Cruise tickets can be purchased online via the VDP website, directly from the ticket office located on the VDP site, or from authorized resellers

Reservations for Services or the purchase of a ticket only become final after receipt by VDP of full payment for the Service purchased, and (i) written confirmation sent by e-mail to the Customer in the case of online purchases or (ii) delivery of the ticket in the case of purchases at the ticket office.

Online payment of the order is handled by a secure payment system enabling the Customer to make a payment under the conditions set out in Article 4 hereof. It is essential that the Customer ticks the box beforehand to acknowledge that he has read and accepts these GTCS. Once the payment has been made, a screen summarizing the order placed by the Customer will appear, with a link allowing the Customer to download and/or print a PDF version of the ticket purchased. VDP will then send the Customer a confirmation of the order together with the ticket to the e-mail address entered by the Customer when placing the order.

If the Customer does not receive the tickets, it is his responsibility to contact VDP using the contact details indicated in Article 1 hereof so that a confirmation email containing the tickets can be resent to him. VDP may not be held liable in any way if the Customer does not receive the confirmation email due to an error he made when entering his contact details.

The computerized registers stored in VDP’s IT systems under reasonable security conditions will be considered as proof of the communications, orders and payments between the parties and may be produced as proof.

The applicable validity date or period is indicated on each electronic ticket issued. Electronic tickets are not refundable. Vouchers presented by the Customer will only be accepted if they have been issued by an intermediary approved by VDP. Tickets purchased at the ticket office on the VDP site are only valid on the day of purchase.

The cruises open to the public require a minimum of 10 passengers and can only accommodate passengers up to the boat’s regulatory capacity.

In particular, for groups of at least 15 people, the Services cannot be purchased directly from the online ticketing service, but must be reserved through VDP, using the contact details available in the “Contact” section of the VDP website. VDP will provide a quote indicating the total cost of the reservation and the date and time reserved. Reservations are binding and can only be taken into account after VDP has received, at least eight (8) days before the date of the Service, confirmation from the Customer by any written means of which VDP will acknowledge receipt, and payment of the fixed deposit applicable to groups equal to 50% of the amount of the reservation. The balance of the Service must be paid by the Customer at the latest on site before boarding. An invoice will be generated on the day following the Service. The Customer accepts that if he fails to pay the price (deposit and balance) on the exact due dates stipulated in these GTCS, the contract will be rightfully terminated to the detriment of the Customer and the Services will be deemed to have been cancelled due to the Customer in application of Article 5.2. VDP may not be held liable in any way if all or part of the group is refused boarding on the grounds that the boat’s regulatory capacity has been reached.

VDP reserves the right to refuse boarding to passengers under the age of 16 who are not accompanied by adults.

When booking, people with disabilities are invited to ask VDP about the accessibility of the boats and how much time they should allow prior to boarding.

4. Prices and payment

The prices invoiced by VDP are expressed in euros, inclusive of all taxes, and are set on the basis of the pricing conditions in force on the day of the order, displayed at the ticket office on the VDP site or available on the VDP website.

The prices are subject to VAT, and may be revised at any time by VDP without prior notice. The prices will be adjusted automatically in the event of the creation or modification of applicable taxes or charges.

Payments may be made (i) at the ticket office in cash (within the regulatory limit), or by credit card or gift cards accepted by VDP, and (ii) online by credit card or any other payment method accepted by VDP.

A customer paying by credit card undertakes to use a card of which he is the holder. VDP may not be held liable in the event of fraudulent use. Online payment is made via a secure system using the SSL (secure socket layer) protocol, so that the information transmitted is encrypted by software and no third party can access it during its transmission on the network.

5. Cancellation

5.1 Withdrawal period

The Customer is hereby informed that, in accordance with Article L. 221-28, 12° of the French Consumer Code, Services (leisure activities and/or catering) that are to be provided on a specific date or during a specific period are not covered by a right of withdrawal.

5.2 Cancellation due to the Customer

All orders are final, non-cancellable, due, non-exchangeable and non-refundable.

In the event of the cancellation of a reservation for a group of more than 15 people, the amounts already paid to VDP as a deposit will be retained.

Any partial or total interruption of one of the Services due to the Customer shall not give rise to any reimbursement or compensation.

5.3 Cancellation due to VDP

As the cruises are subject to the rules applicable to inland navigation and access to the embarkation dock may be prohibited by the competent authorities, VDP reserves the right to assess whether or not the river is navigable, and to modify, without prior notice or compensation, the Services (in particular with regard to the itinerary, duration, timetable, boat, etc.) or to cancel them at any time, including on the day of departure, in application of the abovementioned rules or in the event of, but not limited to, a pandemic, terrorist acts or threats, high river levels, flooding, bad weather, storms, instructions given by the authorities (governmental decision, prefectorial decree, etc.), mechanical incidents and in general any event beyond the control of VDP and/or likely to jeopardize the safety of the Customers, persons and goods transported.

If VDP cancels a cruise for any reason whatsoever and in particular in the cases referred to above, the Customer will be entitled, to the extent possible as assessed at VDP’s discretion, to the replacement of the Service not provided by VDP with an equivalent service, and failing that, to the termination of the contract and reimbursement of the amounts already paid.

5.4 Postponement

If the Customer requests a postponement, depending on availability, VDP will do its best to postpone the Service to another date satisfactory to the Customer, it being understood that the assessment of the feasibility of the postponement is at the discretion of VDP, who will not be bound by any obligation of result. If postponement is impossible, the Customer will have the choice to maintain the Service or to cancel it under the conditions stipulated in Article 5.3.

5.5 Combined tickets

VDP offers combined tickets for sale enabling the Customer to benefit from both a VDP Service and a partner’s Service. The Customer accepts that if he purchases a combined ticket, VDP is only responsible for the performance of its own Service and shall in no way be liable for any damages caused by the partner’s performance or non-performance of his own service. By way of clarification, if the partner is unable to perform his own service, VDP will not be obliged to reimburse the Customer for that service.

6. Regulations applicable to the cruises

VDP undertakes to apply all the appropriate means to ensure that the cruises run smoothly under the conditions stipulated in the reservation and declares that it has taken out the necessary insurance coverage for its activities.

The passenger or the entire group of passengers must present themselves at the boarding point of the VDP boats 15 minutes before the scheduled departure time at the latest.

If the passenger or group of passengers arrive within less than 15 minutes or after the departure of the boat, they may if applicable be admitted on the next boat depending on the seats available, without being entitled to any reimbursement or compensation whatsoever.

The Customer will refrain from consuming any food or drinks not sold on board during the Service. VDP offers food and drinks for sale on board. Depending on the ticket purchased, drinks may be included in the price of the ticket or must be paid for on board. The Customer acknowledges and accepts that the sale and consumption of alcoholic beverages are prohibited to persons under the age of eighteen (18) and that VDP shall in no way be liable in the event of the consumption of alcohol on board by a minor. VDP or its service provider reserve the right to refuse to serve alcoholic beverages to persons who cannot prove their age, without this giving rise to any reimbursement or compensation whatsoever.

VDP reserves the right to refuse boarding or to require disembarkation of passengers whose behavior (e.g. intoxication, or aggressive or disrespectful behavior) is likely to disturb the smooth running of the cruise and/or the safety or integrity of the boat. Furthermore, no animals (with the exception of dogs accompanying the visually impaired) or equipment which in the crew’s opinion could endanger the staff or passengers will be allowed on board.

All the interior and exterior areas of our boats are non-smoking. The presence of flames or gas is strictly forbidden on all boats.

From the moment each passenger is invited to board, he must strictly comply with the safety instructions and guidelines contained in the safety file and/or communicated by the crew, and must ensure his own safety and that of any persons in his care and/or the belongings (clothing, luggage and other personal effects) of which he is the owner, holder or guardian; in particular, all passengers are forbidden from entering any unauthorized areas on the boat, notably the engine room and the cockpit.

7. Liability – Insurance

The Customer is liable for any material damage or bodily injury suffered by VDP and/or third parties as a result of his actions, and for those resulting from an act committed by him and, in general, by any person for whom he is responsible (accompanying minor, member of his group, etc.). VDP reserves the right to invoice the Customer for any material damage caused on board, either by the Customer or by a member of his group.

VDP declines all responsibility and cannot be held liable for any compensation in the event of:

• any loss, falls, theft or damage concerning passengers’ clothing, hand luggage or other personal effects;
• the failure by the Customer and/or his group to comply with these GTCS and with general and specific police regulations, without prejudice to any damages that VDP may claim for losses suffered as a result of such non-compliance;
• a modification of the timetable, itinerary, boat and/or duration of the cruise due to Force Majeure or any of the circumstances described in Article 5.3, or due to instructions given by the navigation authorities.

In the event that VDP is held liable, only holders of tickets validly issued by VDP may claim possible compensation.

VDP hereby declares that it is insured with an insurance company for its operational civil liability and P&I.

8. Personal Data

The personal data provided by the Customer to VDP is necessary to process the Customer’s request, perform the Service and prepare invoices. It is processed by VDP in its capacity as data controller. It may be communicated to VDP’s partners responsible for the execution, processing, management and payment of the Services. VDP hereby undertakes to comply with the laws and regulations applicable to the protection of personal data, in particular European Regulation 2016/679 of 27 April 2016 (the “GDPR”) and Law no. 78-17 of 6 January 1978 as amended by Law no. 2018-493 of 20 June 2018.

For any further questions about the privacy policy or the way in which VDP handles your personal data, please contact our Data Protection Officer at the following address: info@vedettesdeparis.com

9. Complaints – Mediation

Complaints of a commercial nature or relating to the quality of the Services provided must be sent by registered letter with acknowledgement of receipt to VEDETTES DE PARIS, Port de Suffren 75007 Paris, at the latest within 15 days from the date of the Service performed. Complaints will only be considered by VDP if the difficulties they describe were reported on the spot in order to enable their remedy and to limit the prejudice that the Customer may invoke.

In accordance with Articles L.611-1 et seq. of the French Consumer Code, VDP offers its consumer Customers effective access to alternative dispute resolution procedures.

The proposed alternative dispute resolution body is the National Lawyers’ Mediation Center. If VDP is unable to resolve a dispute through its internal complaints handling procedure, or if the consumer is not satisfied with the solution provided by the internal complaints handling service and the consumer’s complaint is less than one year old, the consumer may address his complaint to the National Lawyers’ Mediation Center, either:

– by post to the following address: Centre National de Médiation des Avocats,
108 bd Haussman 75008 Paris.

– electronically to the following address: https://cnma.avocat.fr/.

10. Application law and competent jurisdiction

In the event of any dispute relating to these GTCS and to the cruises and associated Services they govern, the parties agree that French law alone shall apply. Disputes arising between VDP and its Customers registered with the Trade and Companies Register will be submitted to the Paris Commercial Court (Tribunal de Commerce de Paris). With regard to disputes between VDP and a consumer Customer, in accordance with Article R. 631-3 of the French Consumer Code, the Customer may refer the matter either to one of the courts with territorial jurisdiction under the French Code of Civil Procedure, or to the court in the location where the Customer resided at the time the contract was signed or the harmful act occurred.